What happens if a will wasn’t properly signed and is treated as invalid during probate in Alabama?

Short answer: If a will is not properly signed under Alabama law, the probate court can refuse to admit it to probate. When that happens the estate may be distributed under Alabama intestacy rules instead of according to the will. However, there are limited ways to try to save or substitute the document—by proving the testator’s intent or offering other admissible evidence—and the outcome depends on the facts, the evidence, and applicable Alabama probate statutes.

Detailed answer — how Alabama courts handle improperly signed wills

This is a plain-language, FAQ-style explanation for readers who start with no legal background. It is not legal advice.

1. Basic signature and witness requirements

Under Alabama law, for a written will to be validly executed it generally must be signed by the person making the will (the testator) and signed by the required number of witnesses. If the signature or the required witness attestation is missing, the document may be treated as invalid when someone tries to admit it to probate. For the official code of Alabama, see Title 43 (Wills and Administration of Estates):
Code of Alabama — Title 43.

2. What the probate court will decide

When someone files a document they call a will, the probate judge reviews it and the supporting evidence. If the judge finds the formal signing and witnessing requirements were not met, the judge can refuse to admit the document as a valid will. If the will is not admitted, the estate will usually be handled as if the person died intestate (without a valid will).

3. Consequences if the will is not admitted (intestacy)

The estate will be distributed according to Alabama’s intestacy rules (Title 43). That means property typically goes to surviving spouse, children, parents, siblings, or more remote relatives depending on who survives the decedent.
No personal representative named in the defective will will have authority unless a court appoints them under intestacy procedures.
Planned gifts to non‑heirs (friends, charities named only in the defective will) may fail and those people may receive nothing from the estate unless another legal basis (trust, beneficiary designation, joint ownership) gives them rights.

4. Possible ways to preserve or validate the document

Even if a will lacks a proper signature, there are limited legal theories and procedural steps that may save the testator’s intent. Common approaches include:

Proving testamentary intent: Interested persons can submit evidence (witness testimony, contemporaneous notes, drafts, or actions by the decedent) showing the decedent intended the document to be his or her will. A probate judge may consider that evidence when deciding admission.
Admission of a copy: If the original is missing or defective but a clear copy exists, a court may in some circumstances admit the copy if the requirements are met and there is convincing evidence the decedent intended the document as a will.
Dependent relative revocation (DRR) or other equitable doctrines: In some cases, courts apply doctrines to avoid unfair results (for example if a testator revoked an earlier valid will believing a new will was effective but the new one failed). Whether and how a court applies these doctrines depends on Alabama case law and facts of the case.

5. What relatives, named executors, or beneficiaries should do right away

Act promptly. Probate matters have procedural deadlines and evidence is easier to find soon after death. Immediate steps usually include:

Secure the original document and any drafts, copies, or notes from the decedent.
Identify and preserve witnesses who saw the decedent sign or heard the decedent describe the document as their will.
Contact the probate court in the county where the decedent lived to learn filing requirements and deadlines.
Talk with an Alabama probate attorney without delay to review the facts and advise on petitions that can be filed (admission, petition to admit a copy, or a will contest).

6. Common court proceedings you may see

Petition to admit will to probate: A person asks the court to admit the document as the decedent’s will. Objectors may challenge admission.
Will contest: An interested party may file objections—commonly arguing lack of signature, lack of capacity, undue influence, or fraud.
Administration under intestacy: If the will is denied, someone must petition for appointment as personal representative under Alabama’s intestacy procedures so the estate can be administered and assets distributed.

7. Burden and standard of proof

Courts require persuasive evidence when a document does not meet formal execution requirements. The exact burden and standard (for example, clear and convincing evidence) will depend on the claim and the court’s view of the facts. That is why eyewitness testimony, documentary evidence, and prompt legal action matter.

8. Practical effects for estate administration

An invalid will can cause significant delay, extra expense, and family conflict. Administration under intestacy often produces a different distribution than the decedent intended. Creditors still must be paid and taxes handled; those obligations remain whether or not there is a valid will.

Helpful Hints

Gather evidence quickly: secure the original paper, any signed copies, drafts, emails, or notes that show intent.
Find witnesses: people who saw the signing or heard the decedent express testamentary intentions are crucial.
Do not move assets unnecessarily: moving property or cash before a personal representative is appointed can create complications and claims from other heirs.
Contact the local probate court to learn filing requirements in the county where the decedent lived.
Keep clear records of communications and documents related to the decedent’s estate and health at the end of life; those records often matter in probate disputes.
Act quickly to preserve rights. Probate contests and petitions are governed by time limits and waiting too long can forfeit claims.
Understand alternative transfer mechanisms: bank beneficiary designations, payable-on-death accounts, joint ownership, and trusts can avoid probate and may unaffected by a defective will.

Where to look in the law

Key Alabama law on wills and estate administration appears in Title 43 of the Code of Alabama. For the official text and to search specific sections, use the Alabama Legislature’s site: Code of Alabama — Title 43 (Wills and Administration). The probate court in the county where the decedent lived applies these statutes and local rules.

When to get help

If a will may be invalid, or if you are a named beneficiary, potential heir, or proposed personal representative, consult a probate attorney experienced in Alabama estate law. Probate issues involve strict procedures and deadlines; a lawyer can explain options, prepare the necessary filings, preserve evidence, and represent you in court.

Disclaimer: This article explains general Alabama probate concepts and is for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific situation, contact a licensed Alabama attorney.